Oates defense moves for dismissal of manslaughter charge

The defense for Preston Ryan Oates, a tow truck operator charged with voluntary manslaughter in a December 2010 Bluffton shooting death, will seek pre-trial dismissal based on self-defense.

“His attorneys have filed a motion to bar prosecution based on the (S.C.) Protection of Home and Families act, which is sometimes referred to as the Castle Doctrine,” Daniel Brownstein, spokesman for the 14th Circuit Solicitor’s Office, said Tuesday.

Brownstein said a hearing on the motion will take place the week of Nov. 14 in Circuit Court at the Beaufort County Courthouse.

Defense attorney Donald Colongeli confirmed the motion was filed but could not verify the hearing.

He said the defense would wait for the hearing to present details applying to the Oates case.

Oates, 27, of Bluffton, was arrested Dec. 27, 2010, in connection with the Christmas Eve shooting death of Carlos Alberto Olivera in Edgefield. He is accused of shooting Olivera, 34, of Bluffton, six times during a dispute over Olivera’s illegally parked minivan. Olivera died at the scene at about 8:30 p.m. Dec. 24.

Both men were armed with handguns, according to authorities.

The Castle Doctrine stems from English common law and uses a “my home is my castle” theory as self-defense grounds for homicide.

Oates has claimed self defense since he was held for questioning in the shooting.

Colingeli said the Supreme Court ruling in the case of State v. Duncan allows for a pre-trial immunity hearing to determine if self-defense applies under the Castle Doctrine.

“The state has to rebut the fact that, in fact, self defense did not apply,” he said.

“A vehicle can be considered a business …. He’s a tow truck biz owner, so obviously the vehicle applies,” Colingeli said.

“Ultimately that’s what our hopes are, that the case will be dismissed based upon the fact (it falls) under the Castle Doctrine.”

Oates was freed from jail Aug. 31 on a $200,000 property bond and placed under house arrest in an undisclosed South Carolina location. “He will be in home detention... with his family,” Jared Newman, Oates’ other defense lawyer, said at the July 28 bond hearing.

Bond had been denied on the voluntary manslaughter charge at a Jan. 27 state circuit court hearing. Bond had been set at $50,000 on a related charge of possession of a weapon during the commission of a violent crime.

Brownstein said the solicitor’s office is in charge of monitoring Oates’ compliance with the bond release terms. “We’re not aware of any violations of the conditions of his bond.”